Tex. Educ. Code Section 44.0352
Competitive Sealed Proposals

(a)

In selecting a vendor through competitive sealed proposals as authorized by Section 44.031 (Purchasing Contracts)(a)(2), a school district shall follow the procedures prescribed by this section.

(b)

The district shall prepare a request for competitive sealed proposals that includes information that vendors may require to respond to the request. The district shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror.

(c)

The district shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date on which the proposals are opened, the district shall evaluate and rank each proposal submitted in relation to the published selection criteria.

(d)

The district shall select the offeror that offers the best value for the district based on the published selection criteria and on its ranking evaluation. The district shall first attempt to negotiate a contract with the selected offeror. The district may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the district is unable to negotiate a satisfactory contract with the selected offeror, the district shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected.

(e)

In determining the best value for the district, the district is not restricted to considering price alone but may consider any other factors stated in the selection criteria.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.03, eff. September 1, 2011.

Source: Section 44.0352 — Competitive Sealed Proposals, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­44.­htm#44.­0352 (accessed Jun. 5, 2024).

44.001
Fiscal Guidelines 44.002
Preparation of Budget 44.003
Records and Reports 44.004
Notice of Budget and Tax Rate Meeting 44.005
Filing of Adopted Budget 44.006
Effect of Adopted Budget 44.007
Accounting System 44.008
Annual Audit 44.009
Financial Reports to Commissioner or Agency 44.010
Review by Agency 44.0011
Fiscal Year 44.011
Financial Exigency 44.031
Purchasing Contracts 44.032
Enforcement of Purchase Procedures: Criminal Penalties 44.034
Notification of Criminal History of Contractor 44.035
Adoption of Uniform General Conditions for School District Building Construction Contracts 44.0041
Publication of Summary of Proposed Budget 44.042
Preference to Texas and United States Products 44.043
Right to Work 44.044
Contract with Person Indebted to School District 44.047
Purchase or Lease of Automated External Defibrillator 44.0051
Posting of Adopted Budget 44.051
Interference with Operation of Foundation School Program 44.052
Failure to Comply with Budget Requirements 44.053
Failure of Municipal Officer to Make Treasurer’s Report 44.054
Failure to Transfer Students and Funds 44.0071
Computation of Instructional Expenditures Ratio and Instructional Employees Ratio 44.151
Actions Brought for Defective Design, Construction, Renovation, or Improvement of School District Facility 44.152
Attorney General Enforcement of School District Duties Following Certain Actions 44.0311
Applicability to Junior College Districts 44.0312
Delegation 44.0313
Procedures for Electronic Bids or Proposals 44.0331
Management Fees Under Certain Cooperative Purchasing Contracts 44.0351
Competitive Bidding 44.0352
Competitive Sealed Proposals 44.0411
Change Orders 44.901
Energy Savings Performance Contracts 44.902
Long-range Energy Plan to Reduce Consumption of Electric Energy 44.904
Pay for Success Programs 44.908
Expenditure of Local Funds
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Accessed:
Jun. 5, 2024

§ 44.0352’s source at texas​.gov